The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-11-30
THE PUBLIC LANDS.

Work of the Interior Department. In the Adj
justmens OF Railroad Grants.
WASHINGTON, Nov. 29-One of the most i'm
portant features of Secretary Lamar's forthcom-
ing annual report is the part which relates TO
the adjustments of railroad land grants. He
las to-day received this part of his report from
Jhe Public Printer, and it reads as follows:
Shorty after my appointment 60 the position
/ now have the honor to hold and as became
somewhat familiar with the public land system,
it's organization and the workings thereof, / be-
came more and more impressed with the fact
that the public domain was being diverted from
- legitimate purpose and converted TO objects
he inevitable effect of which were repugnant to
based. Apart from the methods of illegal appro-
priation of the public domain effected through
the perverson of the several laws for acquiring
title thereto, became convinced that the ad-
mnstration of congressional grants of lands
wagon and railroads had given rise
to enormous abuses. Congress had not only
made grants which. in some instances, exceeded
extent the area of half dozen of the largest
md most populous States of the Union. but
addition provided that any losses of lands within
the granted limits should be satisfied by selec-
tions of lands within other and adjoining limits,
thus nearly doubling the area of the original
grants Under these acts the Land Department
had withdrawn from public approximation not
only the granted limits as required by law, but
also the lands within the indemnity limits at the
request of the grantee companies Thus enor-
nous quantities of the public land were held in
reservation to await the convenience of the
respective corporations in the construction of
their roads. the selections Of Its lands, and the
uncertain adjustments OF the grants by the de-
oartment. / do not for a moment question the
wisdom of aiding in the construction of rail-
roads. That policy was at the time. wise
may well be asked whether it would not
have been wise to have aided these great enter
prses other wise than by grants of the public do
main Though much good has been wrought
certain it is that the legislation by which these
vast territories passed under the dominion of
railroad companies gave an incurable wound to
70 the homestead scheme before that scheme
had fair opportunity for displaying its benef-
GENT effects. This land-grant legislation was
certainly not in harmony with the theory of a
distrib of the public domain among the
people. and gave up to capitalists. as basis for
tradic and speculation and gigantic financial
government, designed TO be homes for an indus
fious and thrifty people. the abodes of
domestic happiness and virtue and patriot
" Withdrawals we're made exclusively
for the interests Of the companies, few of these
If any of them, constructed their roads within
the time prescribed in the granting act,
express condition on which the grant was made
Maps of probable, general, designated, and
definite routes of said roaGs were filed with
rapidity in the department. and Withdrawals
Hereunder asked and almost invariably granted,
until the public land, States and Territories
were gridironed over with railroads granted and
indemnity limits; and in many instances the
limits of one road overlapping and conflicting
with other roads in the most bewilderng man
that the settler seeking home could
scarcely find desirable location that was not
claimed by some one. perhaps two three of
the many roads to which grants of land had
been made by Congress
Nor was this all Though the desired tract
might not be apparently covered by railroad
location the settler would hardly select 1t before
agents Of the corporations would set claim
90 il, or to the right to occupy and denude it,
under the right of way and construction privi-
leges conferred by the granting act Thus the
settler ignorant of his legal rights and with
% 40 m " tn he la
or the facts. would for the sake of home,
readily consent to purchase from the company.
In this way these corporations IN addition
the lands granted to them, have claimed, sold
and received the price of q great deal of other
land to which they had neither legal nor moral
right nor the shadow of either. The confusion,
hardship and impositions practiced upon the set
tiers were greatly increased by the bold schemes
ofthe corporation agents. whore Withdrawals were
made of lands to which the legal title of the
companies had not attached, and which after
wards remained in the same condition for years,
through the failure OF Congress to make the
necessary appropriations for the surveys. When,
however, through partial surveys or adjustments
of grants, lands thus sold by company were
found to be outside of the grants and determined
by the department to be public lands, the pur-
chaser from the company found himself in the
unfortunate predicament of having lost both his
hand and his money. generally without the
means TO enter into a costly litigation with
powerful corporation, the deprivation of his
home, the expenditure and waste of his years.
his energy and strength in redeemng
that home from its wild condition,
rendered his more technical right of
action against the company but little more than
mockery. Years have elapsed since many of
the grants have been made. and other years
since the Withdrawals. Some of the companies
have constructed the entire line of their roads,
others fragmentRry portions only. and others.
again, none at all. but the Withdrawals of the
lands were no less effective a barrier against
the settlers IN the one case than in the other It
mattered not what might be his equities acquired
by years OF toll upon what he believed to be a
part OF the national domain. It was declared
By the highest judicial tribunal, as expouhdsd
by the highest law officers of the executive that
. withdrawal once made by competent authority
was legal and effective to exclude all from intru-
sion within it's limits.
"Ona such case where hardship and Injustice
were about to be inflicted under the law came
under your observation Guford Miller set
tied upon lands afterwards selected and claimed
by the Northern Pacific Railroad Company, TO